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[2015] WASC 33
General information, not legal advice.
Supreme Court of WA
2015-02-02
Kechnie J
Original judgment source is linked above.
1 McKECHNIE J: Granville Cecil Venters, a Master Mariner, who died on 14 October 2013 left the residue of his estate to various charitable institutions in one fifth parts including:
[A]s to the remaining one of those parts to the CANCER COUNCIL WESTERN AUSTRALIA INC (the CANCER COUNCIL) UPON TRUST for the use and benefit of Cottage Hospice Shenton Park.
2 Probate of his will was granted to the Public Trustee who held $111,002.35 as at 10 September 2014, representing onefifth of the residue of the estate.
3 The charitable purpose cannot be achieved through the Cottage Hospice Shenton Park.
4 The Cancer Council advised the Public Trustee that:
5 The Public Trustee prepared a scheme, approved by the Attorney General on 22 June 2014:
SCHEME FOR VARIATION OF TRUST UNDER THE CHARITABLE TRUSTS ACT 1962 (WA) ('Scheme')
(1) The terms of the charitable trust established by the Will of GRANVILLE CECIL VENTERS dated 21 December 2007 be varied as follows:
(a) by deleting paragraph (e) of clause 4 of the will and by substituting the following paragraph:
'(e) as to the remaining one of those parts to the CANCER COUNCIL WESTERN AUSTRALIA INC for the furtherance of palliative care within Western Australia.'
(2) The Trustee's and the Attorney General's reasonable costs and expenses of an incidental to:
(a) preparing and advertising the Scheme; and
(b) obtaining approval for the Scheme,
be paid out of, and be a charge on, the Trust property.
7 The proposed scheme was advertised by the Public Trustee and appeared in the Government Gazette on 21 November 2014 and the West Australian Newspaper on 21 November 2014.
8 The advertisement noted the date proposed for the hearing of the application was 2 February 2015 at 9.30 am.
Any person desiring to oppose the scheme is required to give written notice of his intention to do so to the Principal Registrar of the Supreme Court, the Public Trustee (quoting EM 214) and the Attorney General not less than 7 clear days before that date.
11 The testator's charitable purpose was to fund palliative care services offered by the Cancer Council. Although the specific object of his bequest no longer exists, the charitable purpose remains.
12 The scheme is a proper one that will carry out the desired purpose. It is not contrary to law, public policy or good morals. The requirements of the Charitable Trusts Act 1962 pt 3 have been complied with. The purpose is charitable. The scheme is approved without modification.
(1) The terms of the charitable trust established by the will of Granville Cecil Venters dated 21 December 2007 be varied as follows:
(a) by deleting paragraph (e) of clause 4 of the will and by substituting the following paragraph:
'(e) as to the remaining one of those parts to the CANCER COUNCIL WESTERN AUSTRALIA INC for the furtherance of palliative care within Western Australia.'
(2) The Trustee's and the Attorney General's reasonable costs and expenses of and incidental to:
be paid out of, and be a charge on, the Trust property.
13 I direct the principal registrar to publish notice of approval of the scheme in the Government Gazette as soon as practicable.